Estudo comparativo entre as Leis nº 8.666/93 E 14.133/21 de licitações e contratos da administração pública para obras de engenharia.

Abstract

This study presents a comparative analysis between Law No. 8,666/1993 and Law No. 14,133/2021, highlighting the main practical differences between them in the context of public procurement in Brazil. The research aims to identify the key changes introduced by the new legislation and its effects on bidding processes. To complement the theoretical analysis, three bidding processes conducted at different times, including the transitional period between the two laws, were examined. These cases demonstrated an increase in competitiveness, reflected by a higher number of participants and a greater diversity of submitted proposals, as well as an improvement in applied discounts. The research is based on a bibliographic and documental review, focusing on the legal provisions and new instruments introduced by Law No. 14,133/2021, such as the Preliminary Technical Study, Risk Management, and the National Public Procurement Portal. The analysis of the bidding processes revealed practical benefits of legislative modernization, especially regarding cost-effectiveness and transparency. Results confirm that adopting Law No. 14,133/2021 fosters greater competitiveness and provides higher discounts on winning proposals, contributing to better use of public resources, particularly in public works. A comparative table complements the study, facilitating the understanding of the main practical changes between the laws and their impacts on the public sector. It is concluded that the legislative transition represents a significant advance for Brazilian public management, promoting more efficient bidding processes aligned with constitutional principles of legality, cost-effectiveness, and efficiency.